The case, Keating v. City of Chicago stemmed from the 2003 Chicago Municipal ordinance called the red light camera program. The ordinance established liability and penalties for vehicle owners in violation of a red signal. An enabling act was enacted in 2006 enabling eight Illinois counties to create red light programs: Cook; DuPage; Kane; Lake; Madison; McHenry, St. Clair; and Will County.
According to the complaint produced by the plaintiffs in this suit, Paul Ketz, Randall Guinn, Cameron Malcolm, Jr., Charlie Peacock, and Jennifer DiGregorio were recipients of red light violation citations. The?aforementioned?plaintiffs paid the fines involved, with some of the plaintiffs incurring more than one violation. The plaintiff?s amended complaint stated ?that the City lacked home rule authority to enact the red light camera ordinance and for administrative adjudication of violations of the ordinance and that the enabling act was unconstitutional because it was special or local legislation in violation of the Illinois Constitution.?
In the court?s opinion they upheld the circuit court?s dismissal because plaintiffs Keating and Peacock did not receive a red light citation or in the view of the court any harm at the hands of the city. Instead, in the plaintiffs amended complaint they were arguing based on future speculation of harm. Thus, the appellate court concurred with the circuit court in that the plaintiffs, specifically Keating and Peacock, do not have any standing and their claims should be dismissed.
The court then states that the city?s ordinance is valid and legal, thus destroying the remaining plaintiff?s case. The ordinance is valid because the cameras do not regulate the movement of vehicles, but instead work in?conjunction?with a read light and multiple sensors to take an image capturing the moment a car passes through a solid red light. Also, in regards to cities and towns creating their own ordinances, cities with 25,000 or more residence are allowed to make ordinances in their respective confines. In?layman?s terms, cities can create and enforce ordinances as long as they do not conflict with any state codes. The city of Chicago was within its legal bounds to create, implement, and enforce the red light camera ordinance.
If the plaintiffs decide to appeal again the Illinois Supreme Court will decide if they even want to hear the appeal, which is highly unlikely. A separate class action suit has been filed in regards to the red light cameras as well, and is currently making its way through the courts.
Chicago is considered the red light camera capital of the U.S. with 384 cameras posted at 191 separate intersections. The program generates close to $70 million a year in revenue.
You have some free time and want to read the Appellate Opinion? Here is a pdf copy.
What are you thoughts? Have you been the?recipient?of a Chicago red light camera citation, let us know your story.?
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Source: http://www.lawinjury.com/illinois-appellate-court-red-light-cameras-are-legal/
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